Solicitation TM Epson Power Supply and Receipt Printer. Bid designation: Public

Transcription

1 5 Solicitation TM Epson Power Supply and Receipt Printer Bid designation: Public San Diego Superior Court 3/30/2015 4:00 PM p. 1 6

2 Epson Power Supply and Receipt Printer 5 Bid Number TM Bid Title Epson Power Supply and Receipt Printer Bid Start Date Mar 27, :09:06 AM PDT Bid End Date Apr 10, :00:00 PM PDT Question & Answer End Date Apr 6, :00:00 PM PDT Bid Contact Tricia A. McEwen Procurement and Contracts Specialist PURCHASING Contract Duration Contract Renewal Prices Good for One Time Purchase Not Applicable 30 days Bid Comments The Superior Court of California, County of San Diego is requesting quotes for Epson Power Supply PS 180 (Manufacturer # C825343) and the Epson TM -U675 Receipt Printer (Manufacturer # C31C283A8791). The Superior Court of California, County of San Diego advises that prospective bidders periodically check the websites, including but not limited to Bidsync, and/or court purchasing link for modifications to bid documents. The Superior Court of California, County of San Diego is not responsible for a prospective bidder's misunderstanding of the bid solicitation or nonresponsive bid due to failure to check these websites for updates or amendments to bid documents, and/or other information regarding the bid solicitations. Failure to periodically check these websites will be at the bidder's sole risk. The information published and/or responded to on these websites is public information. If you have questions or concerns in registering as a supplier on the BidSync site or processing your bid or proposal, call BidSync Customer Service at Bidders must submit bid offer via BidSync only. No hard copy, or faxed bids will be accepted. Bidders must submit any questions regarding the RFQ via BidSync only. Added on Mar 30, 2015: Hello, Please include information about the warranty for each item, as well as the return policy. Thank you, Tricia McEwen Addendum # 1 Changes were made to the following items: Epson Power Supply PS 180 Epson TM -U675 Receipt Printer Addendum # 2 Item Response Form 3/30/2015 4:00 PM p. 2

3 Item TM Epson Power Supply PS 180 Quantity Unit Price Delivery Location 41 each Description Power Adapter for Epson Thermal Printers AC 110/220V San Diego Superior Court SAN DIEGO SUPERIOR COURT B ST 225 W B ST DEL BETWEEN 8-3:30 ONLY SAN DIEGO CA Qty 41 Addendum # 1 Previous Delivery Location/Quantity 225 W B ST DEL BETWEEN 8-3:30 ONLY SAN DIEGO, CA Qty 35 New Delivery Location/Quantity 225 W B ST DEL BETWEEN 8-3:30 ONLY SAN DIEGO, CA Qty 41 Item Quantity Unit Price Delivery Location Description Monochrome Dot-matrix A5 Roll (8.3 cm) 17.8 cpi 9 pin up to 5.1 lines/sec USB TM Epson TM-U675 Receipt Printer 40 each San Diego Superior Court SAN DIEGO SUPERIOR COURT B ST 225 W B ST DEL BETWEEN 8-3:30 ONLY SAN DIEGO CA Qty 40 Addendum # 1 Previous Delivery Location/Quantity 225 W B ST DEL BETWEEN 8-3:30 ONLY SAN DIEGO, CA Qty 34 New Delivery Location/Quantity 225 W B ST DEL BETWEEN 8-3:30 ONLY SAN DIEGO, CA Qty /30/2015 4:00 PM p. 3

4 5 ATTACHMENT SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE QUALIFICATION DECLARATION Complete this form only if Bidder wishes to claim the DVBE incentive associated with this solicitation. Review the DVBE Incentive Qualification Declaration Instructions (SDSC Form #PUR-003A) prior to completing this form. If Bidder submits incomplete or inaccurate information, it will not receive the DVBE incentive. Check the applicable box(es) and complete the section for which bidder is seeking qualification for DVBE incentive. cb SECTION A. BIDDER IS A DVBE Complete this section if Bidder is a DVBE. 1. DVBE Supplier ID number: 2. DVBE Certification active from: to 3. Percentage of the contract work Bidder will subcontract to non-dvbe subcontractors: 4. All disabled veteran owners and managers of Bidder must complete and sign the DVBE Status Declaration (SDSC Form #PUR-004). Bidder must submit the completed DVBE Status Declaration along with this DVBE Incentive Qualification Declaration. 5. Bidder must submit a copy of its DVBE certification along with this DVBE Incentive Qualification Declaration. cb SECTION B. BIDDER HAS A DVBE BUSINESS UTILIZATION PLAN (BUP) Complete this section if Bidder has an approved DVBE BUP on file with the Department of General Services (DGS) and this solicitation is for goods (IT or Non-IT), or IT services (do not complete if this solicitation is for non-it services). 1. Date BUP was approved by DGS: 2. Date through which BUP is valid: 3. Bidder must submit a copy of its Notice of Approved DVBE Business Utilization Plan issued by DGS along with this DVBE Incentive Qualification Declaration. cb SECTION C. BIDDER WILL USE DVBE SUBCONTRACTORS Complete this section if the Bidder will use DVBE Subcontractors. Enter the total number of DVBE subcontractors that Bidder will use for this contract: Provide the following information or materials for each DVBE Subcontractor the Bidder will use for this contract. Attach additional sheets if necessary. 1. Subcontractor Name: 2. Subcontractor Contact Person: 3. Subcontractor Address: 4. Subcontractor Telephone Number: 5. Subcontractor Address: 6. Subcontractor DVBE Supplier ID Number: 7. Subcontractor DVBE Certification Active from: to 8. Bidder must submit a copy of Subcontractor s DVBE certification along with this DVBE Incentive Qualification 3/30/2015 4:00 PM p. 4

5 8. Bidder must submit a copy of Subcontractor s DVBE certification along with this DVBE Incentive Qualification Declaration. 9. Describe the goods and/or services to be provided by Subcontractor in connection with the contract: 5 SDSC PUR- 003 (New 4/13) DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE QUALIFICATION DECLARATION 6 Page 1 of Explain how Subcontractor is performing a commercially useful function for purposes of this contract. (See Incentive Qualification Declaration Instructions for the definition of commercially useful function Enter the percentage of the total bid price for the goods and/or services to be provided by Subcontractor: % 12. Provide written confirmation from Subcontractor that it will provide the goods and/or services identified above if Bidder is awarded the contract. 13. All disabled veteran owners and managers of Subcontractor must complete and sign the DVBE Status Declaration. Bidder must submit the completed DVBE Status Declaration along with this DVBE Incentive Qualification Declaration. CERTIFICATION I, the official named below, declare under penalty of perjury under the laws of the state of California that the information provided on this form is true and correct and that I am duly authorized to legally bind the Bidder to this certification. Company Name: Tax ID Number: Address: Telephone Number: Executed in the County of in the State of. Type or print name/title Signature 3/30/2015 4:00 PM p. 5

6 SDSC PUR- 003 (New 4/13) DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE QUALIFICATION DECLARATION Page 2 of 2 6 3/30/2015 4:00 PM p. 6

7 5 ATTACHMENT SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) STATUS DECLARATION Complete this form only if Bidder wishes to claim the DVBE incentive associated with this solicitation. Review the DVBE Status Declaration Instructions (SDSC Form #PUR-004A) prior to completing this form. If Bidder submits incomplete or inaccurate information, it will not receive the DVBE incentive. Each DVBE and each DVBE Subcontractor must complete a separate form. SECTION A. MUST BE COMPLETED BY ALL DVBEs DVBE Name: DVBE Supplier ID Number: SECTION B. MUST BE COMPLETED BY ALL DVBEs Check only one box in Section B and provide original signatures of all disabled veteran (DV) owners and managers of the DVBE. I (we) declare that the DVBE is not a broker or agent, as defined in Mil. & Vet. Code 999.2(b), of the goods and/or services provided by the DVBE in connection with the solicitation identified above. Pursuant to Mil. & Vet. Code 999.2(f), I (we) declare that the DVBE is a broker or agent for the following principal. (attach additional sheets if more than two principals) Principal Name: Address: Principal Name: Address: Telephone Number: Telephone Number: Disabled veteran owners and managers of the DVBE: (attach additional sheets if necessary) I, the official named below, declare under penalty of perjury under the laws of the state of California that the information provided on this form is true and correct. Type or print name Signature of DV Owner/Manager Type or print name Signature of DV Owner/Manager Type or print name Signature of DV Owner/Manager 3/30/2015 4:00 PM p. 7

8 SDSC PUR- 004 (New 4/13) DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) STATUS DECLARATION Mil. & Vet. Code 999 & Page 1 of 2 SECTION C. MUST BE COMPLETED BY DVBEs THAT PROVIDE RENTAL EQUIPMENT AND ARE NOT BROKERS/AGENTS Check applicable boxes in Section C and provide original signatures of all DV owners and managers of the DVBE. Pursuant to Mil. & Vet. Code (c), (d) and (g), I am (we are) the DV(s) with at least 51% ownership of the DVBE, or DV manager(s) of the DVBE. The DVBE maintains certification requirements in accordance with Mil. & Vet. Code 999 et seq. The undersigned owner(s) own(s) at least 51% of the quantity and value of each piece of equipment that will be rented in connection with this solicitation. I (we), the DV owner(s) of the equipment, have submitted to the Department of General Services my (our) personal federal tax return(s) at time of certification and annually thereafter as defined in Mil. & Vet. Code (c) and (g). Disabled veteran owners of the DVBE: (attach additional sheets if necessary) I, the official named below, declare under penalty of perjury under the laws of the state of California that the information provided on this form is true and correct. Name of DV Owner: Address: Tax ID Number: Telephone Number: Signature of DV Owner Name of DV Owner: Address: Telephone Number: Tax ID Number: Signature of DV Owner Name of DV Owner: Address: Telephone Number: Tax ID Number: Signature of DV Owner Disabled veteran managers of the DVBE: (attach additional sheets if necessary) Type or print name Signature of DV Manager Type or print name Signature of DV Manager 3/30/2015 4:00 PM p. 8

9 SDSC PUR- 004 (New 4/13) DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) STATUS DECLARATION Mil. & Vet. Code 999 & Page 2 of 2 6 3/30/2015 4:00 PM p. 9

10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO SMALL BUSINESS DECLARATION Solicitation Number: Complete this form only if the Bidder will claim the Small Business 1 Preference associated with the solicitation. Review the Small Business Declaration Instructions (SDSC Form # PUR-011A) prior to completing this form. If the Bidder submits incomplete or inaccurate information, it will not receive the preference. SECTION A. BIDDER IS A SMALL BUSINESS Complete this section if the Bidder is a Small Business. 1. DGS Supplier ID number: 2. Small Business Certification active from to. 3. A copy of the Small Business certification approval letter for the Bidder must be submitted along with this declaration. 4. Will the Bidder subcontract any portion of the contract work to subcontractors? Yes No If no, skip to the Certification section. If yes, complete a-c below. a. State the percentage of the contract work the Bidder will subcontract: % b. Describe the goods and/or services to be provided by the Bidder itself in connection with the contract: c Explain how the Bidder is performing a commercially useful function for purposes of this contract. (See the instructions for the definition of commercially useful function. ) SECTION B. BIDDER IS A NON-PROFIT VETERAN SERVICE AGENCY (NVSA) Complete this section if the Bidder is an NVSA. 1. DGS Supplier ID number: 2. NVSA Certification active from to 3. A copy of the Bidder s NVSA certification approval letter must be submitted along with this declaration. 1 Unless otherwise stated, any reference to small businesses also includes microbusinesses, as defined by Gov. Code section SDSC PUR-011 (New 4/14) SMALL BUSINESS DECLARATION Page 1 of 2 Mandatory Form 3/30/2015 4:00 PM p. 10

11 SECTION C. CERTIFICATION I, the official named below, declare under penalty of perjury under the laws of the State of California, that the information provided in this form is true and correct. I am duly authorized to legally bind the Bidder to this certification. This certification is made under the laws of the State of California. Company Name: Tax ID Number: Address: Telephone Number: Executed in the County of in the State of. Type or print name/title Signature SDSC PUR-011 (New 4/14) SMALL BUSINESS DECLARATION Page 2 of 2 Mandatory Form 3/30/2015 4:00 PM p. 11

12 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO SMALL BUSINESS DECLARATION INSTRUCTIONS General Instructions In this form, DGS refers to the Department of General Services. Small Business refers to an entity certified by DGS as a small business or a microbusiness. Bidder refers to a person or entity that submits a response to a competitive solicitation issued by the court, including RFQs, IFBs, and RFPs. Bid refers to a response to a competitive solicitation issued by the court. If the Bidder will claim the small business preference in a solicitation where a small business preference is offered, it must complete the Small Business Declaration (SDSC Form #PUR-011). If no small business preference is offered, or the Bidder does not claim the small business preference, the Bidder should not complete the Small Business Declaration. The court will determine whether the Bidder is eligible to receive the small business preference based on information provided in the Declaration. The court may, but is not obligated to, verify or seek clarification of any information set forth in the Declaration. If the Bidder submits incomplete or inaccurate information, it will not receive the small business preference. SECTION A. BIDDER IS A SMALL BUSINESS Instructions Complete this section if the Bidder is a Small Business. 1. Provide the Bidder s DGS Supplier ID number. This number is in the Bidder s DGS Supplier Profile, accessible at 2. Provide the applicable dates. These dates are listed in the Bidder s DGS Supplier Profile, accessible at 3. Each entity certified as a Small Business by DGS will have received a Small Business certification approval letter. The Bidder must submit a copy of its Small Business certification approval letter. 4. If the Bidder will subcontract any portion of the contract work, answer yes and complete subparts a-c. If the Bidder will not subcontract any portion of the contract work, answer no and skip to Certification. a: This percentage is equal to the amount to be paid by the Bidder to all subcontractors divided by the Bidder s total bid price, multiplied by 100. Enter a percentage; do not enter a dollar amount. For example, if the amount to be paid by the Bidder to subcontractors is $35,000 and the Bidder s total bid price is $125,000, enter 28% (35, ,000 = 0.28; 0.28 x 100 = 28). b: Provide a detailed description of the goods and/or services the Bidder itself will provide for the contract. In other words, provide a detailed description of the goods and/or services that will not be subcontracted. Attach additional sheets if necessary. c: Provide an explanation of how the Bidder s goods and/or services constitute a commercially useful function for purposes of the contract. Pursuant to Gov. Code 14837, a business is deemed to perform a commercially useful function if the business does all of the following: (i) Is responsible for the execution of a distinct element of the work of the contract. (ii) Carries out its obligation by actually performing, managing, or supervising the work involved. (iii) Performs work that is normal for its business services and functions. (iv) Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment. (v) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. Note: a business will not be considered to perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of Small Business participation. Attach additional sheets if necessary. SECTION B. BIDDER IS A NON-PROFIT VETERAN SERVICE AGENCY (NVSA) Instructions Complete this section if the Bidder is an NVSA. 1. Provide the Bidder s DGS Supplier ID number. This number is in the Bidder s DGS Supplier Profile, accessible at 2. Provide the applicable dates. These dates are listed in the Bidder s DGS Supplier Profile, accessible at 3. Each entity certified as an NVSA by DGS will have received a certification approval letter. The Bidder must submit a copy of its certification approval letter. SECTION C. CERTIFICATION Instructions Provide the Bidder s full legal name, tax ID number, address, and telephone number in the appropriate boxes. The certification must be signed by an authorized Bidder representative. Provide the name and title of the authorized Bidder representative, and the date, county, and state where that person signed the certification, on the appropriate lines. SDSC PUR-011 A (New 4/14) Informational Form SMALL BUSINESS DECLARATION INSTRUCTIONS 3/30/2015 4:00 PM p. 12

13 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO SMALL BUSINESS DECLARATION Solicitation Number: Complete this form only if the Bidder will claim the Small Business 1 Preference associated with the solicitation. Review the Small Business Declaration Instructions (SDSC Form # PUR-011A) prior to completing this form. If the Bidder submits incomplete or inaccurate information, it will not receive the preference. SECTION A. BIDDER IS A SMALL BUSINESS Complete this section if the Bidder is a Small Business. 1. DGS Supplier ID number: 2. Small Business Certification active from to. 3. A copy of the Small Business certification approval letter for the Bidder must be submitted along with this declaration. 4. Will the Bidder subcontract any portion of the contract work to subcontractors? Yes No If no, skip to the Certification section. If yes, complete a-c below. a. State the percentage of the contract work the Bidder will subcontract: % b. Describe the goods and/or services to be provided by the Bidder itself in connection with the contract: c Explain how the Bidder is performing a commercially useful function for purposes of this contract. (See the instructions for the definition of commercially useful function. ) SECTION B. BIDDER IS A NON-PROFIT VETERAN SERVICE AGENCY (NVSA) Complete this section if the Bidder is an NVSA. 1. DGS Supplier ID number: 2. NVSA Certification active from to 3. A copy of the Bidder s NVSA certification approval letter must be submitted along with this declaration. 1 Unless otherwise stated, any reference to small businesses also includes microbusinesses, as defined by Gov. Code section SDSC PUR-011 (New 4/14) SMALL BUSINESS DECLARATION Page 1 of 2 Mandatory Form 3/30/2015 4:00 PM p. 13

14 SECTION C. CERTIFICATION I, the official named below, declare under penalty of perjury under the laws of the State of California, that the information provided in this form is true and correct. I am duly authorized to legally bind the Bidder to this certification. This certification is made under the laws of the State of California. Company Name: Tax ID Number: Address: Telephone Number: Executed in the County of in the State of. Type or print name/title Signature SDSC PUR-011 (New 4/14) SMALL BUSINESS DECLARATION Page 2 of 2 Mandatory Form 3/30/2015 4:00 PM p. 14

15 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO SMALL BUSINESS DECLARATION INSTRUCTIONS General Instructions In this form, DGS refers to the Department of General Services. Small Business refers to an entity certified by DGS as a small business or a microbusiness. Bidder refers to a person or entity that submits a response to a competitive solicitation issued by the court, including RFQs, IFBs, and RFPs. Bid refers to a response to a competitive solicitation issued by the court. If the Bidder will claim the small business preference in a solicitation where a small business preference is offered, it must complete the Small Business Declaration (SDSC Form #PUR-011). If no small business preference is offered, or the Bidder does not claim the small business preference, the Bidder should not complete the Small Business Declaration. The court will determine whether the Bidder is eligible to receive the small business preference based on information provided in the Declaration. The court may, but is not obligated to, verify or seek clarification of any information set forth in the Declaration. If the Bidder submits incomplete or inaccurate information, it will not receive the small business preference. SECTION A. BIDDER IS A SMALL BUSINESS Instructions Complete this section if the Bidder is a Small Business. 1. Provide the Bidder s DGS Supplier ID number. This number is in the Bidder s DGS Supplier Profile, accessible at 2. Provide the applicable dates. These dates are listed in the Bidder s DGS Supplier Profile, accessible at 3. Each entity certified as a Small Business by DGS will have received a Small Business certification approval letter. The Bidder must submit a copy of its Small Business certification approval letter. 4. If the Bidder will subcontract any portion of the contract work, answer yes and complete subparts a-c. If the Bidder will not subcontract any portion of the contract work, answer no and skip to Certification. a: This percentage is equal to the amount to be paid by the Bidder to all subcontractors divided by the Bidder s total bid price, multiplied by 100. Enter a percentage; do not enter a dollar amount. For example, if the amount to be paid by the Bidder to subcontractors is $35,000 and the Bidder s total bid price is $125,000, enter 28% (35, ,000 = 0.28; 0.28 x 100 = 28). b: Provide a detailed description of the goods and/or services the Bidder itself will provide for the contract. In other words, provide a detailed description of the goods and/or services that will not be subcontracted. Attach additional sheets if necessary. c: Provide an explanation of how the Bidder s goods and/or services constitute a commercially useful function for purposes of the contract. Pursuant to Gov. Code 14837, a business is deemed to perform a commercially useful function if the business does all of the following: (i) Is responsible for the execution of a distinct element of the work of the contract. (ii) Carries out its obligation by actually performing, managing, or supervising the work involved. (iii) Performs work that is normal for its business services and functions. (iv) Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment. (v) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. Note: a business will not be considered to perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of Small Business participation. Attach additional sheets if necessary. SECTION B. BIDDER IS A NON-PROFIT VETERAN SERVICE AGENCY (NVSA) Instructions Complete this section if the Bidder is an NVSA. 1. Provide the Bidder s DGS Supplier ID number. This number is in the Bidder s DGS Supplier Profile, accessible at 2. Provide the applicable dates. These dates are listed in the Bidder s DGS Supplier Profile, accessible at 3. Each entity certified as an NVSA by DGS will have received a certification approval letter. The Bidder must submit a copy of its certification approval letter. SECTION C. CERTIFICATION Instructions Provide the Bidder s full legal name, tax ID number, address, and telephone number in the appropriate boxes. The certification must be signed by an authorized Bidder representative. Provide the name and title of the authorized Bidder representative, and the date, county, and state where that person signed the certification, on the appropriate lines. SDSC PUR-011 A (New 4/14) Informational Form SMALL BUSINESS DECLARATION INSTRUCTIONS 3/30/2015 4:00 PM p. 15

16 RFQ TM Epson Power Supply and Epson Receipt Printer Terms and Conditions 1. Award will be made by all or none. 2. Bidders must submit bid offer via Bidsync.com. 3. Court may reject any or all bids. 4. Quotations are to be firm for a period of 60 days. 5. No substitutions allowed. 6. Tie Bids: In the event of a tie, the contract will be awarded to the winner of a single coin toss. The coin toss will be witnessed by two court employees. The court will provide notice of the date and time of the coin toss to the affected Bidders, who may attend the coin toss at their own expense. 7. Americans with Disabilities Act: The court complies with the Americans with Disabilities Act (ADA) and similar California statutes. Requests for accommodation of disabilities by Bidders should be directed to: ADA.Coordinator@sdcourt.ca.gov 8. Disabled Veteran Business Enterprise (DVBE) Incentive: Bidder will receive a DVBE incentive if, in the court s sole determination, Bidder has met all applicable requirements. If Bidder receives the DVBE incentive, the dollar amount of its bid will be reduced (for evaluation purposes only) by an amount equal to 3% of the lowest responsible bid. DVBE incentive qualification is not mandatory. Failure to qualify for the DVBE incentive will not render a bid non-responsive. To receive the DVBE incentive, at least 3% of the contract goods and/or services must be provided by a DVBE performing a commercially useful function. Or, for solicitations of non-it goods and IT goods and services, Bidder may have an approved Business Utilization Plan (BUP) on file with the CA Department of General Services (DGS). If Bidder wishes to seek the DVBE incentive: a. Bidder must complete and submit with its bid the DVBE Incentive Qualification Declaration (SDSC Form #PUR-003) (Attachment 2), attached. Bidder must also submit all materials required in the DVBE Incentive Qualification Declaration. b. Bidder must submit with its bid a DVBE Status Declaration (SDSC Form #PUR-004) (Attachment 3) completed and signed by each DVBE that will provide goods and/or services in connection with the contract. If Bidder is itself a DVBE, it must complete and sign the DVBE Status Declaration. If Bidder will use DVBE subcontractors, each DVBE subcontractor must complete and sign a DVBE Status Declaration. NOTE: The DVBE Status Declaration is not required if Bidder will qualify for the DVBE incentive using a BUP on file with DGS. Failure to complete and submit these forms as required will result in Bidder not receiving the DVBE incentive. In addition, the court may request additional written clarifying information. Failure to provide this information as requested will result in Bidder not receiving the DVBE incentive. If Bidder receives the DVBE incentive: (i) Bidder will be required to complete a Post-Contract certification (SDSC Form #PUR-006) if DVBE subcontractors are used; (ii) Bidder must use any DVBE subcontractor(s) identified in its bid unless the court approves in writing the substitution of another DVBE; and (iii) failure to meet the DVBE commitment set forth in its bid will constitute a breach of contract. FRAUDULENT MISREPREPRETATION IN CONNECTION WITH THE DVBE INCENTIVE IS A MISDEMEANOR AND IS PUNISHABLE BY IMPRISONMENT OR FINE, AND VIOLATORS ARE LIABLE FOR CIVIL PENALTIES. SEE MIL. & VET. CODE SMALL BUSINESS PREFERENCE: Eligibility for and application of the small business preference are governed by the San Diego Superior Court s Small Business Preference 3/30/2015 4:00 PM p. 16

17 RFQ TM Epson Power Supply and Epson Receipt Printer Procedures for the Procurement of Information Technology Goods and Services. Bidder will receive a small business preference if, in the court s sole determination, Bidder has met all applicable requirements. If Bidder receives the small business preference, the dollar amount of its bid will be reduced (for evaluation purposes only) by an amount equal to 5% of the lowest responsible bid, not to exceed $50,000. If a DVBE incentive is also offered in connection with this solicitation, (i) the combined value of the small business preference and the DVBE incentive may not exceed $100,000, and (ii) additional rules regarding the interaction between the small business preference and the DVBE incentive apply. Small business participation is not mandatory. Failure to qualify for the small business preference will not render a bid non-responsive. To receive the small business preference, Bidder must be either (i) a Department of General Services ( DGS ) certified small business or microbusiness performing a commercially useful function, or (ii) a DGS-certified small business nonprofit veteran service agency. If Bidder wishes to seek the small business preference, Bidder must complete and submit with its bid the Small Business Declaration (SDSC Form #PUR-011) (Attachment 4). Bidder must submit with the Small Business Declaration all materials required in the Small Business Declaration. Failure to complete and submit the Small Business Declaration as required will result in Bidder not receiving the small business preference. After the Bidder submits the Small Business Declaration, the court may request additional written clarifying information. Failure to provide this information as requested will result in Bidder not receiving the small business preference. If Bidder receives the small business preference, (i) Bidder will be required to complete a Small Business Post-Contract Report (SDSC Form #PUR-012); and (ii) failure to meet the small business commitment set forth in its bid will constitute a breach of contract. FRAUDULENT MISREPREPRETATION IN CONNECTION WITH THE SMALL BUSINESS PREFERNCE IS UNLAWFUL AND IS PUNISHABLE BY CIVIL PENALTIES. SEE GOVERNMENT CODE SECTION Protests: This procurement is estimated to be below the applicable threshold for which protests are accepted, therefore, NO PROTESTS WILL BE ACCEPTED for this procurement and the court will reject any protest received. See San Diego Superior Court s Procurement Protest Policy (SDSC Form #ADM-244) available on the court s website. 11. Terms and Conditions if Awarded: ACCEPTANCE: By delivering the ordered goods or commencing performance under this order, vendor agrees to the specifications, terms, and conditions in or referenced by this document (collectively, the order ). Vendor s additional or different terms and conditions are expressly excluded from this order and the court does not agree to such terms or conditions. This order s terms and conditions may only be varied by a writing signed by the court s duly authorized representative. AUDIT RIGHT: Vendor agrees to maintain records relating to performance and billing by Vendor under this order for a period of four years after final payment. During the period of time that Vendor is required to retain such records, the court or its representative may, during normal business hours, inspect and make extracts or copies of such records and other materials for purposes of confirming the accuracy of invoices submitted hereunder. CHANGES: No change or modification in terms, quantities, or specifications may be made without express authorization in writing from the court. INDEMNITY: Vendor will indemnify and hold harmless the court, other California Judicial Branch Entities, and their officers, agents, and employees from and against all claims, losses, and expenses, including attorneys fees and costs, that arise out if (i) a defect, whether latent or patent, in the goods or services purchased hereunder, (ii) and act or 3/30/2015 4:00 PM p. 17

18 RFQ TM Epson Power Supply and Epson Receipt Printer omission of vendor, its agents, employees, independent contractors, or subcontractors in the performance of this agreement, (iii) the infringement of any third party intellectual property or other rights by the goods or services purchased hereunder, (iv) a breach of a representation, warranty, or other provision of this agreement. This indemnity applies regardless of the theory of liability on which a claim is made or a loss occurs. This indemnity will survive the expiration or termination of this agreement or delivery and acceptance of the goods and services. This indemnity does not cover claims, losses or expenses or expenses to the extent they arise out of the gross negligence of the court. INSPECTION AND ACCEPTANCE: Notwithstanding any prior inspection or payments, all goods and services delivered hereunder are subject to final inspection and acceptance or rejection by the court at any time within thirty days after delivery to the court. All items which are not in compliance with the specifications hereof, which are not as warranted or which are shipped late, shipped in excess or insufficient quantities or substituted for items ordered hereunder may be rejected by the court and returned or held at Vendor's expense and risk. Payment does not constitute an acceptance of the material nor impair the court's right to inspect or any of its remedies. INSURANCE: Vendor will maintain insurance that is sufficient in scope and amount to permit Vendor to pay in the ordinary course of business insurable claims, losses and expenses, including insurable claims, losses and expenses that arise out of Vendor s performance of this order. Vendor will maintain employer s liability and workers compensation coverage at statutory levels covering all employees performing work under this order. INVOICES, PAYMENT AND SETOFF: The court has no obligation to pay for any item until one original and two copies of a correct, itemized invoice for the item is received at the address shown on the face of this order. Payment is due thirty days from receipt of a correct, itemized invoice. Each invoice must be printed on Vendor's standard printed bill form, and must include at a minimum (i) the order number, (ii) Vendor's name and address, (iii) the nature of the invoiced charge, (iv) the total invoiced amount, and (v) such detail as is reasonably necessary to permit the court to evaluate the goods received and the services performed, if any, including without limitation the number of hours worked and the applicable hourly rate. Amounts owed to the court due to rejections of goods or services or discrepancies in an invoice will be, at the court's option, fully credited against future invoices payable by the court, or paid by Vendor within thirty days from Vendor's receipt of a debit memo or other written request for payment by the court. The court has the right at any time to set off any amount owing from Vendor to the court against any amount payable by the court pursuant to this order or any other transaction or occurrence. LEGAL COMPLIANCE: (a) Vendor must observe and comply with all federal, state, city, and local laws, rules, and regulations affecting goods and services under this order. (b) Vendor and its subcontractors, if any, must not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40), sex or sexual orientation. Vendor must ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Vendor and its subcontractors, if any, must give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (c) Vendor must comply with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C et seq.) which prohibits discrimination on the basis of disability, as well as with all applicable regulations and guidelines issued pursuant to the ADA, as well as California s Fair Employment and Housing Act (Gov. Code et seq.). (d) This order incorporates the terms and conditions set forth in the document entitled JBCL Required Provisions, posted at 3/30/2015 4:00 PM p. 18

19 RFQ TM Epson Power Supply and Epson Receipt Printer MATERIAL SAFETY DATA SHEETS: If some or all of the goods being provided by Vendor are on CAL OSHA's "Hazardous Substances List," Vendor will, upon request, forward a completed Material Safety Data Sheet (MSDS) to the court. RISK OF LOSS: Vendor bears the risk of loss or damage to the ordered goods until Vendor delivers the goods to the court's place of business unless a different F.O.B. point is indicated on the face of this order. Notwithstanding such delivery, Vendor bears the risk of loss or damage to the goods purchased under this order in the event of and from the time the court gives notice of rejection or termination of this order. STATUS AS INDEPENDENT CONTRACTOR AND SUBCONTRACTS: Vendor is an independent contractor and while performing work on or off the court's premises neither it nor any of its agents or employees will be considered agents or employees of the court. Vendor may not assign, subcontract, or delegate its obligations under this order without the prior written consent of the court, and any attempted assignment, subcontract, or delegation is void. TERMINATION: The court may terminate all or part of this order for any or no reason at any time by giving notice to Vendor. Should court terminate this order for convenience, the court's liability will be: (a) for standard or off-the-shelf products, a reasonable restocking charge not to exceed ten percent of the purchase price; (b) for custom products, the lesser of (i) a reasonable price for raw materials, components, work in progress, and any finished units on hand, or (ii) the price, set forth in this order, per finished unit, after giving effect to any discount the court would otherwise be entitled to. For termination of any separate services specifically ordered, liability will be the lesser of (a) a reasonable price for the services rendered prior to termination, or (b) the price for the services. If any hourly or other time-based rate for services is specified in this order, such rate will be used in determining a reasonable price. Upon receipt of a termination notice, Vendor must, unless otherwise directed, cease work and follow the court's directions as to work in progress and finished goods. WARRANTIES: Vendor warrants that all goods delivered will (a) be free from defects in workmanship, material, and manufacture (including, without limitation, defects which could create a hazard to life or property); (b) be new, not refurbished or reconditioned, unless stated otherwise in this order; (c) be of merchantable quality and fit for the purposes intended by the court to the extent disclosed by Vendor; (d) comply with the requirements of this order; and (e) comply with all applicable laws and regulations. Vendor further warrants that all services will be rendered in a good and workmanlike manner by skilled personnel in compliance with all applicable laws and regulations. LOSS LEADER PROHBITION: It is unlawful for any person engaged in business within this state to sell or use any article or product as a loss leader as defined in Bus. & Prof. Code /30/2015 4:00 PM p. 19

20 Question and Answers for Bid #TM Epson Power Supply and Receipt Printer 5 Overall Bid Questions Question 1 For Epson TM-U675 Receipt Printer. There are approximately 7 different printers. Do you have the manufacturer part number of the one you are looking for (Submitted: Mar 30, :16:00 PM PDT) Answer - Hi, The manufacturer part number is C31C283A8791. It's also in the Bid Comments. Thank you, Tricia McEwen (Answered: Mar 30, :59:36 PM PDT) Question Deadline: Apr 6, :00:00 PM PDT 3/30/2015 4:00 PM p. 20 6